Non-discrimination requirements, such as most-favored nation and national treatment obligations, are central to both international trade law and international investment law. Significant inconsistencies between the fields are evident, however, in the way adjudicators have treated key elements of the test for discrimination. This book surveys and criticizes the manner in which tribunals have employed the concept of regulatory purpose in determining whether discrimination has occurred.

This insightful and elegantly written book examines how the popular media of the Victorian era sustained and transformed the reputations of Romantic writers. Tom Mole provides a new reception history of Lord Byron, Felicia Hemans, Sir Walter Scott, Percy Bysshe Shelley, and William Wordsworth—one that moves beyond the punctual historicism of much recent criticism and the narrow horizons of previous reception histories. He attends instead to the material artifacts and cultural practices tha...

The Asian-Pacific countries as well as India and Russia offer multinational companies all the benefits of booming economies in a world of recession. However, the investor must be aware of the tax regime under which he will operate. This survey presents the rates, definitions of taxable income and the incentives available in a complete, yet concise form. It goes on to review tax minimisation strategies and concludes with a comparison of the overall tax burdens for investors in each country ...

International economic law, with its traditional focus on large multinational enterprises, is only slowly waking up to the new reality of small and medium-sized enterprises (SMEs), entering the global marketplace. In the wake of the digital revolution, smaller companies now play an important role in the global economic landscape. In 2015 the UN expressly called for SMEs to have greater access to international trade and investment, and it is increasingly recognized that the integration of S...

International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, gove...

Historically, few topics have proven to be so controversial in international intellectual property as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve disagreements, and countries worldwide continue to quarrel today as to the nature, the scope, and the enforcement of GI protection nationally and internationally. Thus far, however, there is little literature addressing GI protection from the point of view of the Asia-Pacific region, even though...

The Treaty of Lisbon (2009) has brought foreign direct investment (FDI) within the scope of the European Union's common commercial policy (CCP). In light of this development, this book analyses the internal and external dimension of EU law and policy in the field of FDI. It takes four perspectives: (i) the operation of the internal market mechanism to direct investment; (ii) the implications of the Lisbon amendments to the CCP under Article 207 TFEU for the Union's competence and practice ...

This book examines China’s economic development from the end of 1970s, integrating perspectives from law, economics and political science. Particular attention is given to the role of formal law and political changes in China’s development, presenting the argument that formal law has made a useful contribution to China’s economic development.Chapters explore the relationship between democracy and mechanisms of property rights protection, financial market, rule of law, and human cap...

Fully revised and updated from the successful first edition, this title analyses the practice of international courts and tribunals with regard to the valuation of investment claims against states, paying specific attention to the question of interest. This new edition incorporates new jurisprudence, updates existing cases, and includes a new section on immaterial damage. The new edition also contains extensive annexes devoted to ICSID cases and non-ICSID investment cases, as well as a tab...

This book is related to the development of intraregional commercial exchanges in the region of the Indian Ocean. This issue is addressed from an economic as well as from a legal point of view. The contributions, in English and French, aim to present an overview of the economic, customs-related, technical, legal and cultural restraints that hinder the creation of a free trading area.Cet ouvrage est consacré au développement des échanges commerciaux intrarégionaux dans la région de l...

How did a treaty that emerged in the aftermath of the Second World War, and barely survived its early years, evolve into one of the most influential organisations in international law? This unique book brings together original contributions from an unprecedented number of eminent current and former GATT and WTO staff members, including many current and former Appellate Body members, to trace the history of law and lawyers in the GATT/WTO and explore how the nature of legal work has evolved...

The Services Directive is one of the cornerstones for the realization of the EU internal market and is fundamental to economic and legal experts, as well as to the general public. This book analyses in detail the different steps taken by each of the 27 EU Member States in the implementation process of the Services Directive. It provides not only detailed information about the changes in national law adopted by the Member States, but also facilitates a comparison of the different implementa...